McBURNEY v. SHAW

No. 2001-029.

148 N.H. 248 (2002)

H. EDWARD McBURNEY, JR. v. WALTER HENRY SHAW, JR.

Supreme Court of New Hampshire.

Opinion Issued: August 20, 2002.


Attorney(s) appearing for the Case

Niederman, Stanzel & Lindsey, of Manchester (Jay M. Niederman on the brief and orally), for the plaintiff.

Robert Zimmermann, of Tamworth, by brief and orally, for the defendant.


NADEAU, J.

The plaintiff, H. Edward McBurney, Jr., recovered a judgment against the defendant, Walter Henry Shaw, Jr., in 1989. The plaintiff filed a motion for post-judgment relief in 1999. The motion requested that the superior court renew a writ of execution issued in 1990, and direct the sheriff to satisfy the renewed writ by levying upon the defendant's property in Conway. The motion also sought a determination as to whether his prior recorded execution created...

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